The Department of Justice's inspector general has finally released its report (434 pg pdf) on the FBI's involvement in detainee interrogations in Guantanamo, Afghanistan and Iraq. Reuters reports that the "Bush administration's top security officials ignored FBI concerns" and that the "FBI, alarmed by interrogation techniques such as the use of snarling dogs and forced nudity, clashed with the Defense Department and CIA over their use." Please do dig into the document and let us know in the comments any parts that may merit more attention. Emptywheel noticed already that "this report does not and cannot discuss the issues that OLC, Condi Rice, and John Ashcroft apparently faced tells you what we need to know about torture." Hmmm?

Also, David Kurtz notes that:

The IG's report has been delayed in part because the Pentagon slow-rolled its review of the report for classified information.

FBI Director Robert Mueller testified to Congress last month that he had "reached out" to the Pentagon and the Department of Justice "in terms of activity that we were concerned might not be appropriate -- let me put it that way." But it was clear from his testimony that the Justice Department's essentially unilateral legalization of torture had prevented the FBI from investigating the abuses its agents witnessed.

For those interested, here is Chairman Conyers' response (via email, after the jump)

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The Bush administration has repeatedly invoked the state secrets privilege, a doctrine that was adopted in the McCarthy era, that was originally meant to be used only in exceptional circumstances. Since 2001, however, the Bush Administration has repeatedly abused the privilege in attempts to cover up potentially embarrassing or illegal activities in cases involving warrantless wiretapping and other aspects of the NSA's domestic spy program, kidnapping, aka 'extraordinary rendition', and torture, just to name a few. They have relied on it not only to silence critics and whistleblowers, but also to use it as a shield to go after them like they have to James Risen, Sibel Edmonds and many others. Just this week it's come out that they once again have invoked it in an attempt to keep the details hidden in the case against Thomas Kontogiannis, one of the convicted bribers of Republican congressman Randy "Duke" Cunningham, where the executive branch has asserted that once they deem something classified, the "courts are virtually powerless to review or disagree."

It's way past time Congress steps in to put a stop to it.

Electronic Frontier Foundation:

Now, Congress may finally be ready to act to rein in these abuses. On Thursday, the Senate Judiciary Committee will consider S.2533, the State Secrets Protection Act, which would bring much needed judicial supervision that could help eliminate bogus state secrets claims, while carefully protecting legitimate interests in national security.

If one of your Senators is on the Judiciary Committee (see below), then you're uniquely positioned to encourage the Committee to approve this legislation and make a real difference in fighting government secrecy! Contact them now and tell them to support the State Secrets Protection Act.

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image at Tales of the Freewayblogger.

The Thomas Jefferson Center for the Protection of Free Expression has issued their annual "Muzzle" awards, including a lifetime achievement award to the Federal Communications Commission.

Daily Progress.com:

...the Federal Communications Commission, will receive a “Lifetime Muzzle” for decades of what the Jefferson Center considers to be inconsistent regulation of “indecency” on the nation’s airwaves, which has led to a “profound chilling effect” on broadcasters.
For example, more than 150 TV stations declined to air the World War II film “Saving Private Ryan” out of fear that the FCC would levy heavy fines for the movie’s violent imagery and battlefield swear words. Though the FCC did not hit any stations with fines in that case, it did condemn an “NYPD Blue” episode about the Sept. 11 terrorist attacks that featured swear words. A call to the FCC for comment was not returned.

Some of us progressives have comforted ourselves that after the Bush administration is over, the history books will finally tell the truth. Not so fast. History News Network (George Mason Univ.):

The Bush administration’s Executive Order 13233 underscores the new fact that presidential legacies, once the domain of academic historians and parlor game aficionados, have become a serious business — so much so that a president has mounted a Kremlinesque campaign to stifle the free dissemination of information. The Bush administration is playing for keeps.

Bush’s Executive Order 13233 could change history — literally — by restricting historians’ access to materials that help them document and ultimately judge a president’s actions, lapses, and principles.

Executive Order 13233 gives ex-presidents nearly unlimited discretionary authority to prohibit the release of their papers, and allows them to name designees who can act in their stead. Moreover, a sitting president may also prevent the release of a predecessor’s papers — as Bush has already done with some of Ronald Reagan’s papers — even when the predecessor has authorized his papers’ release. These are radical encroachments on the public’s access to documents that were produced in the public interest, at public expense, by officials elected by the public. Citizens can challenge these decisions in court, but the expense and time commitment will discourage most people from trying.

A House-approved bill that would undo this blatant assault on openness has been held up in the Senate. Even if the measure advances, there is no guarantee that Congress could override Bush’s expected veto.

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The bill reversing this travesty is advocated in Public Citizen's online letter for your Senator.

I'm sure (well, not really) that it's just a coincidence that as the FISA/telecom immunity debate comes to a head, the journalist who helped bring Bush and Cheney's illegal domestic spy program to light has just been subpoenaed.

Jon Perr has a most excellent write-up about it:

That cheering sound you may have heard this morning was conservatives' applauding the news that New York Times reporter James Risen has been subpoenaed in an effort to force him to reveal his confidential sources. But while Republican rage may be temporarily muted over the inquiry into Risen's 2006 book, many on the right won't be satisfied until Risen goes to jail for his cardinal offense, revealing President Bush's illegal domestic surveillance program.

The subpoena James Risen received from a federal grand jury last week did not concern his 2005 reporting on the NSA domestic spying program. Instead, the Justice Department wants Risen to divulge his sources for a chapter on Iran's nuclear program in his 2006 book, State of War. In it, Risen describes CIAs unsuccessful efforts during the Clinton and Bush administrations to infiltrate the Iranian nuclear program. ... (do read on)

Lest anyone be confused, this is quite the opposite situation from when former NYT pseudo-reporter/White House shill, Judy Miller, was subpoenaed and went to jail for failing to reveal her sources in the CIA leak case. In her case she was refusing to name White House officials who were involved in government wrongdoing in which she had a role. In James Risen's case, he exposed government wrongdoing that had been shrouded in secrecy, which is quite simply the most meritorious and patriotic deed a journalist can do, and is exactly why the fourth estate deserves to have a federal shield law to prevent government retaliation for exposing their crimes.

Here we go again with the missing emails. Just this Tuesday a judge ordered the White House to come clean on its never-ending scandal over something like 10 million missing emails - including 4 years worth deleted by Karl Rove - and now we've got Missouri Governor Matt Blunt being accused of more of the same:

KC Prime Buzz: The former deputy legal counsel to Gov. Matt Blunt sued the governor and four of his top aides Wednesday, alleging a wide-ranging conspiracy to cover up the administration’s activities.

The suit, filed in Jackson County Circuit Court, describes schemes within the governor’s office to destroy public documents, to evade the state Sunshine law by sending text messages on personal Blackberrys and to fire a long-time state employee for political reasons. ...

h/t to Jamie who adds: "Can we label the entire Republican Party as organized crime yet?"

...as the FCC puts a big bow on consolidated media ownership. In spite of widespread public opposition. In opposition to basic human decency and common sense.

Free Press: FCC Chairman Kevin Martin is ignoring the public will and defying the U.S. Senate. His decision to gut longstanding ownership rules shows once again how the largest media companies — with their campaign contributions and high-powered lobbyists — are corrupting the policymaking process at the expense of local news coverage and independent voices.

“Martin’s FCC relied on slanted research and a rigged process to reach today’s preordained outcome — local media wrapped in a bow for Tribune, News Corp., Gannett and all the rest. Read more...

One has to wonder how much outrage Bill O'Reilly, Sean Hannity, and Neil Cavuto will be allowed to express over this obvious capitulation to their boss big media ownership. After all, we all know what happens when any "little guy" stands up to the suits upstairs...

We're rounding out "Zappadan--the Frank Zappa blogswarm" this week, which began with the anniversary of Frank's death on December 4, and ends with his birthday on December 21. When it comes to Frank's music, I personally can see the point of The Onion, I just haven't heard the right album yet, man. But there is no substitute for FZ's sharp mind and no-nonsense political philosophy. One can only imagine what he would have to say to the current state of things. (He talks a bit about sex in this so no speakers at work. )

Open thread below....

What was a serious problem for the White House has now doubled, and Jack Cafferty is all over it:

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Cafferty: A government watchdog group now says more than 10 million White House emails are missing. Citizens for the Responsibility and Ethics in Washington (CREW) described this massive hole in White House email records last April. At that time they thought the number was 5 million - Now they say it is more than 10 million emails. In one of the great understatements of this here Christmas season, the group says that this revised estimate - quote - highlights that this is a very serious and systematic problem at the White House - unquote. Both CREW and another private group called the National Security archive are suing the Bush administration to try to get information about all these missing emails. The White House email problems first came to light during special prosecutor Patrick Fitzgerald's investigation into the leak of CIA officer Valerie Plame's identity.

It's worth noting what a critical time period these missing emails represent. Why it's from March of 2003 to October 2005. That would include the start of the Iraq War right up through the aftermath of Katrina. As the director of one of these groups put it: It doesn't get more historically valuable than that. Given the way the White House handled both the war and Katrina, it's also quite convenient that suddenly this mountain of stuff is missing. By the way it's against the law that these emails be destroyed or lost. They are supposed to be saved. The Presidential Records Act of 1978 mandates White House communications be preserved. Another law broken -- Another example of nobody doing a damn thing about it.

Not to mention (but you know I will) that over 4 years of Rove's emails were also illegally deleted from when the White House was illegally using RNC email servers to circumvent the Presidential Records Act. Whatever did become of Sen Leahy's "Those e-mails are there, they just don't want to produce them. We'll subpoena them if necessary"? Is Cafferty right? Is there really nobody doing a damn thing about this anymore except for CREW and GWU's National Security Archive?

[click for larger] AP via Think Progress:

The ruling was made in a lawsuit filed by the American Historical Association and other organizations, which argued that Bush’s Executive Order 13,233 was an “impermissible exercise of the executive power.”

A bill that would overturn the order is pending in the Senate.